Program

Thursday, April 2

8:30 a.m. – 2:00 p.m.

State Association Counsel Meeting
Annual networking meeting of counsel to NSBA Federation Member State Associations
Your host: John Bukey, General Counsel, California School Boards Association, Sacramento, Calif.

11:00 a.m. – 2:00 p.m.

In House Counsel Luncheon and Facilitated Discussion
Your host: Anne McCully Murphy, Division Counsel, Fairfax County Public Schools, Falls Church, Va.

3:00 p.m. – 5:00 p.m.

Opening General Session

What’s New From COSA - Learn about new features of the Council’s website as well as new publications and tools for COSA members.
Lisa Soronen, Legal Editor and NSBA Senior Staff Attorney

What Are the Financial and Political Implications for Schools in Educating Undocumented Students? Extracurricular activities? Tax issues? Who pays? How far do schools have to go in complying with Plyler? Although the mandate to educate all children is clear, the practical and legal issues that impact school board decisions today are less so. Join this panel of experts and take a 360 degree view of what’s at stake.
Moderator: Margaret A. Chidester, Past Council Chair, Law Offices of M.A. Chidester & Associates, Irvine, Calif.
Panelists: John W. Borkowski, Hogan & Hartson, LLP, Washington, D.C.; Norma V. Cantu, Professor of Law & Education, University of Texas School of Law and former Asst. Secretary for Civil Rights (OCR), U.S. Dept. of Education; Michael M. Hethmon, General Counsel, Immigration Reform Law Institute, Washington, D.C.; and Dr. Guillermo Zamudio, former superintendent (retired), Nogales, Ariz. Note: CUBE registrants are invited to attend this session.

Friday Morning...

Friday, April 3

7:30 a.m. – 8:30 a.m.

Ad Hoc Labor Relations Advisory Committee Meeting
Your hosts: Justin Petrarca, Scariano, Himes & Petrarca, Chicago, Ill. and Lisa Soronen, NSBA Senior Staff Attorney

The committee will discuss the suggestions for future seminar programming and other services for labor relations attorneys gathered at the brainstorming meeting at the 2008 School Law Practice Seminar and the upcoming membership survey for labor relations attorneys. All COSA members are welcome to attend.

8:30 a.m. – 12:00 noon

Morning General Session

Preparing the School Employee, Employer and Student for Immigration Enforcement Actions - Learn about what employers should do when contacted by a government agent (ICE/FBI), a school action plan for raids in the community, and what immigration compliance files should contain from an immigration attorney, school attorney and ICE official.
Loan Huynh, Fredrickson & Byron, Minneapolis, Minn., Wesley E. Johnson, Escamilla & Poneck, Laredo, Texas, and a representative from U.S. Immigration and Customs Enforcement (ICE)

Navigating Free Speech Issues in the Public Schools: the Twists of Cyberspace and Turns of Religion - Take a look at free speech matters that challenge public schools with a particular focus on the intersection of religion and education. Employee and student personal expression, equal access issues for student groups and third-party groups, religious displays on campus, parental rights, internet usage, and more will be covered.
Michelle G. Parker, Mangum, Wall, Stoops & Warden, P.L.L.C., Flagstaff, Ariz.

What to Do When OCR Comes Knocking: OCR’s New Procedures and Opportunities for Resolution - A practical session on what’s new in the OCR compliance manual, procedures, and priorities. Learn about the evaluation process, resolution opportunities, and best practices from the government’s perspective as well as that of an experienced school attorney.
Moderator: Nancy Fredman Krent, Past COSA Chair, Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights, Ill.
Panelists: Frank B. Garrett, III, Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago, Ill.; Debbie Osgood, Director, and Adele Rapport, Chief Attorney, U.S. Dept. of Education, Office for Civil Rights, Chicago, Ill.

12:00 noon – 1:30 p.m.

Lunch on Your Own

12 Noon – 1:30 p.m.

Luncheon for New COSA Members and First Time Attendees – (by invitation – ticket required)
Your host: Jack Lance, Rockdale Co. School District, Conyers, Ga.

Friday Afternoon...

Friday, April 3

1:30 p.m. – 4:30 pm

First Concurrent Session
Your host: R. Craig Wood, McGuireWoods, Charlottesville, Va.

Negotiating a Superintendent Contract – Simple, yet effective tips for effectively negotiating superintendent contracts as well as all aspects of the negotiation process will be the focus of this briefing. Common pitfalls and practical solutions, from the moment the candidate is identified until the contract is signed, will be addressed.
Kenneth L. Childs & Allison Aiken Hanna, Childs & Halligan, Columbia, S.C.

Tales from the Dark Side: A Former Union Attorney’s View/Hints Regarding Teacher Discipline – Get a glimpse into the tactics used against schools in the teacher termination process by this former union attorney. Learn about multiple union strategies, analyze potential teacher defense tactics, and better understand how to improve teacher termination cases.
Chad M. Meisgeier, Millard Public Schools, Omaha, Neb.

Mother May I: Who Has Parents’ Rights Anyway? In this world of dynamic family configurations, including divorce, adoption, court custody, and group home placements, it's often a mystery who holds education rights and what that means, including access to pupil records. Clarify the issues and take home a user-friendly guide to use in the future.
Elizabeth A. Estes, Miller Brown & Dannis, San Francisco, Calif.

1:30 p.m. – 4:30 pm

Second Concurrent Session - Special Education
Your host: Patrice McCarthy, Council Secretary, Deputy Director and General Counsel, Connecticut Association of Boards of Education, Wethersfield, Conn.

Response to Intervention (RTI): The Legal Ups and Downs of Implementation – Many states now mandate that school districts implement RTI as their primary service delivery model for regular and special education students. Learn about the possibilities and pitfalls of RTI, including its impact on school personnel.
Bennett Rodick, Nancy Fredman Krent & Stephanie E. Jones, Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights, Ill.

Rowley is Alive and Well, Thank You! - Review recent judicial decisions from all federal circuits that endorse Rowley’s holding regarding “some educational benefit” and discretion for school districts in selecting methodology.
Ronald Wenkart, Orange County Department of Education, Costa Mesa, Calif. & Peter Sansom, Sansom Willis LaFoe LLP, Oceanside Calif.

Disciplining Students with Disabilities: The Special Education Director’s Perspective and the School Attorney’s Perspective – Take home guiding legal principles as well as practical tips and strategies for advising school officials in the administration of discipline to students with disabilities.
Edward A. Sullivan, III, Mary Jo Dare, Amy M. Steketee, & Allison Fetter-Harrott, Baker & Daniels, South Bend, Ind.

4:30 p.m. – 6:00 p.m.

School Law Seminar Reception - cash bar
Your host: Sam S. Harben, Jr., Council Chair

Saturday...

Saturday, April 4

7:00 a.m. – 8:30 a.m.

IDEA Advocacy Briefing
Manchester Grand Hyatt San Diego, Molly A/B
Your hosts: Reginald Felton, NSBA Director Federal Relations and Thomas Hutton, NSBA Senior Staff Attorney

7:30 a.m. – 8:15 a.m.

NSBA’s Amicus Program Breakfast
Your host: Lisa Soronen, NSBA Senior Staff Attorney

8:30 a.m. – 9:00 a.m.

COSA Business Meeting and Elections
Presiding: Sam S. Harben, Jr., Council Chair

9:15 a.m. – 12 noon

Morning General Sessions

Your host: Thomas E. Wheeler, Council Vice-Chair, Locke Reynolds LLP, Indianapolis, Ind.

Employee or Contractor, the Ethical Dilemma - School attorneys are often carried as employees of their school district clients, effectively qualifying them for pensions and benefits. What is required to make such status valid under federal and state law? Take a look at the ethical and legal consequences when attorneys who are really outside contractors are improperly carried as employees.
Gregory J. Guercio, Law Offices of Guercio & Guercio, Farmingdale, N.Y.

NCLB Unfunded Mandates - The Sixth Circuit Court of Appeals determined, in a case currently awaiting en banc review, that NCLB violates the U.S. Constitution’s spending clause by not providing clear notice. Learn about the legal implications of this case, filed by ten school districts along with the National Education Association (NEA), and its impact on school districts, especially those receiving Title I funds.
Dennis R. Pollard, Thrun Law Firm, Bloomfield Hills, Mich. and Alice O’Brien, Chief Counsel, California Teachers Association, Burlingame, Calif.

An Update on the American Recovery & Reinvestment Act
Financial situations for school districts have changed, with limited money, a shrinking tax base, and a sluggish bond market. Learn what the American Recovery & Reinvestment Act means to school districts during this recession and how its programs are being implemented by the U.S. Department of Education.
Deborah Rigsby, NSBA Director, Federal Legislation

12 noon

Adjourn